The NFLPA has filed papers in a Louisiana court stating that the NFL had no problem with a Packers bounty program in 1996, according to deadspin.com.

While the league’s attitude toward bounties and concussions may have changed, the NFLPA is contending it is unfair to suspend players now for the same actions, when the league’s bylaws have not been change to prohibit such behavior.

The “Smash for Cash” Packers program paid out $500 for big hits, and was funded by the entire team, according to the report. ESPN aired a segment on the “Smash for Cash” program, in which Hall of Famer Reggie White said, “I gave them money for big hits. I don’t know if the money is any more motivation, but I know I paid out a lot.’’

During the same segment, an unnamed NFL spokesman said, “The ‘Smash for Cash’ program is within the rules as long as players use their own monies, the amounts are not exorbitant and the payments are not for illegal hits.”

“The fact that the NFL has a different agenda today than it did in 1996 cannot change the unequivocal language of the NFL constitution and bylaws,” the union stated in legal briefs. “The commissioner’s attempt to nonetheless suspend and scapegoat Mr. (Scott) Fujita for conduct—incentivizing undisputed, legitimate plays—never before punished or prohibited in the NFL, not only violates the essence of the (collective bargaining) agreement, but further demonstrates the commissioner’s partiality.”

Fujita and the three other suspended players—Jonathan Vilma, Will Smith and Anthony Hargrove—will now have their appeals heard by Paul Tagliabue instead of Roger Goodell, after Goodell stepped aside from the appeals process on Friday.

Certainly, the suspended players and the NFLPA have made it clear that they were not willing to accept Goodell’s punishment without a serious fight.